Medium-term Deprivation of Liberty
44. A specific regulation in order to regulate the detention regime of foreign
nationals has still not been published, in spite of the appearance of the Spanish
Ministry of the Interior before the Spanish Parliament’s Committee on Internal
Affairs in January 2012, which was referred to in paragraphs 79 and 80 of the
2011 Annual Report. However, it has been reported that the plans for said regula
tion has been submitted at the Plenary Meeting of the General Council of the
Judiciary, in compliance with the provisions of Article 108.1.e) of the Organic
Law on the Judiciary. This Institution considers it necessary to speed up the pro
cedures for the final publication of such regulation which, according to informa
tion provided by the Directorate General of the Police, shall take into account the
recommendations made by the Ombudsman Institution and shown in the fol
lowing table.
A specific regulation to
regulate the detention
regime of foreign citizens
has still not been published
Table 25. Monitoring of the Reminder of Legal Duties* and
Recommendations sent on a general basis to all CIEs
Resolutions
Paragraph number in
Annual Reports
Habeas corpus.
Verbal and written
information on this right.
476 (2010), 90 (2011)
Rejected.
Information on
international protection
and written recording that
it was offered.
275 (2010), 90 (2011)
The request to prepare a
protocol on this matter
shall be sent to each CIE.
266 (2010), 94 (2011)
There is no protocol. This
matter is included in the
training programs for
officers of CIEs.
266 (2010), 94 (2011)
In case of need, assessed
by the physician at the
CIE, inmates are sent to
the assigned hospital.
Limitation of legal rights.
275 (2010), 91 (2011)
It is up to the General
Council of Spanish
Lawyers to adopt criteria
to optimize the free legal
assistance service.
Protocol for evacuation.
262 (2010), 95 (2011)
All CIEs have a self
protection plan.
Extension of the duration
of visits.
274 (2010), 98 (2011)
Duration depends on the
number of inmates, on the
facilities and activities. In
justified cases, they are
permitted outside the
fixed opening hours.
Private visits.
274 (2010), 98 (2011)
Rejected.
Establishment of a Suicide
Prevention Protocol
(PPS).
Psychological and
psychiatric assistance.
THE OMBUDSMAN OF SPAIN
Reply from the
Administration
65
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